BILL NUMBER: SB 1859	CHAPTERED  08/23/00

	CHAPTER   233
	FILED WITH SECRETARY OF STATE   AUGUST 23, 2000
	APPROVED BY GOVERNOR   AUGUST 22, 2000
	PASSED THE SENATE   AUGUST 10, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	AMENDED IN ASSEMBLY   JUNE 29, 2000
	AMENDED IN ASSEMBLY   JUNE 7, 2000

INTRODUCED BY   Senator Chesbro

                        FEBRUARY 24, 2000

   An act to amend Section 76 of the Penal Code, relating to public
officials.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1859, Chesbro.  Public officials.
   Under existing law, every person who knowingly and willingly
threatens the life of, or threatens serious bodily harm to, any
elected public official, county public defender, county clerk, exempt
appointee of the Governor, judge, or Deputy Commissioner of the
Board of Prison Terms, or the staff or immediate family of any
elected public official, county public defender, county clerk, exempt
appointee of the Governor, judge, or Deputy Commissioner of the
Board of Prison Terms, with the specific intent that the statement is
to be taken as a threat, and the apparent ability to carry out that
threat by any means, is guilty of a public offense.  Existing law
requires any law enforcement agency that has knowledge of a violation
of this provision to immediately report that information to the
California Department of Justice.  In addition to this reporting
requirement, if a violation of this provision occurs that involves a
constitutional officer of the state, a Member of the Legislature, or
a member of the judiciary, existing law requires the law enforcement
agency that has knowledge of the violation to immediately report that
information to the Department of the California Highway Patrol.
   This bill would delete the requirement that any law enforcement
agency that has knowledge of a violation of the above provision
immediately report that information to the California Department of
Justice.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 76 of the Penal Code is amended to read:
   76.  (a) Every person who knowingly and willingly threatens the
life of, or threatens serious bodily harm to, any elected public
official, county public defender, county clerk, exempt appointee of
the Governor, judge, or Deputy Commissioner of the Board of Prison
Terms, or the staff or immediate family of any elected public
official, county public defender, county clerk, exempt appointee of
the Governor, judge, or Deputy Commissioner of the Board of Prison
Terms, with the specific intent that the statement is to be taken as
a threat, and the apparent ability to carry out that threat by any
means, is guilty of a public offense, punishable as follows:
   (1) Upon a first conviction, the offense is punishable by a fine
not exceeding five thousand dollars ($5,000), or by imprisonment in
the state prison, or in a county jail not exceeding one year, or by
both that fine and imprisonment.
   (2) If the person has been convicted previously of violating this
section, the previous conviction shall be charged in the accusatory
pleading, and if the previous conviction is found to be true by the
jury upon a jury trial, or by the court upon a court trial, or is
admitted by the defendant, the offense is punishable by imprisonment
in the state prison.
   (b) Any law enforcement agency that has knowledge of a violation
of this section involving a constitutional officer of the state, a
Member of the Legislature, or a member of the judiciary shall
immediately report that information to the Department of the
California Highway Patrol.
   (c) For purposes of this section, the following definitions shall
apply:
   (1) "Apparent ability to carry out that threat" includes the
ability to fulfill the threat at some future date when the person
making the threat is an incarcerated prisoner with a stated release
date.
   (2) "Serious bodily harm" includes serious physical injury or
serious traumatic condition.
   (3) "Immediate family" means a spouse, parent, or child, or anyone
who has regularly resided in the household for the past six months.

   (4) "Staff of a judge" means court officers and employees,
including commissioners, referees, and retired judges sitting on
assignment.
   (5) "Threat" means a verbal or written threat or a threat implied
by a pattern of conduct or a combination of verbal or written
statements and conduct made with the intent and the apparent ability
to carry out the threat so as to cause the person who is the target
of the threat to reasonably fear for his or her safety or the safety
of his or her immediate family.
   (d) As for threats against staff, the threat must relate directly
to the official duties of the staff of the elected public official,
county public defender, county clerk, exempt appointee of the
Governor, judge, or Deputy Commissioner of the Board of Prison Terms
in order to constitute a public offense under this section.
   (e) A threat must relate directly to the official duties of a
Deputy Commissioner of the Board of Prison Terms in order to
constitute a public offense under this section.
